What Is A Patent?
Generally, a patent is an exclusive right granted to the owner of an invention.
What Is An Invention?
A product or a process that provides a new way of doing things or offers a technical solution to a problem.
What Is The Exclusive Right That Is Granted By A Patent?
It is the right to determine who can make, use, or sell the invention in the United States or who can import the invention into the country. This exclusive is granted by Congress by way of the U.S. Constitution.
How Does The Patent Owner Use This Right?
The patent owner can give permission to, license others, and/or collect royalty on mutually agreeable terms.
Who Grants Patents?
A national patent office such as the U.S. Patent and Trademark Office.
How Long Does The Patent Last?
Generally, 20 years. Once the patent expires, the protection ends, and the invention becomes public. Others can now commercially exploit the patent.
What Must An Inventor Do To Obtain A Patent?
The first step in securing a patent is to file a patent application. In the patent application, a complete description including detailed descriptions and drawings of the subject matter for which a patent is sought must be provided. See Getting Started.
Who Enforces the Patent Rights?
Federal Courts enforce patent rights if another party uses, sells or imports without the owner?s permission.
What Are The Three Types Of Patents?
- Utility Patent ? this is the regular
or most common patent type. It covers new and useful
processes and machines. It also covers manufactured
articles and new compositions.
- Design Patent ? this covers
ornamental designs or the shape of things. The easiest
example is the shape of a coke bottle.
- Plant Patent - covers distinct or new varieties of plants.
What Can Be Patented?
Processes, acts or methods primarily including industrial or technical processes, manufactured articles and chemical compositions.
Can Mere Ideas Be Patented?
No. A patent cannot be obtained for a mere idea or suggestion. A complete description of the actual machine or other subject matter for which a patent is sought is required.
What Are The Conditions For Obtaining A Patent?
The invention must be: (1) New, (2) Useful and (3) Non-obvious.
Is A Patent Valid In Foreign Countries?
No. However, a PCT application can be used to begin seeking foreign protection.
What Role Does a Patent Play in Everyday Life?
Patented inventions have pervaded every aspect of human life from electric lighting by Edison to plastics and microprocessor by Intel, for example.
Can I Lose My Rights To A Patent?
Among other reason, one year after the idea is publicly disclosed without filing for a patent, the patent right is lost. Delay in completing or filing for a patent can also result in loss of rights.
What Is The Cost Of A Patent Application?
Varies. Depends on the urgency
and the complexity of the patent application subject matter. See Fees
section. The patent application fee excludes filing fees, costs for responding to the Patent Office review after the patent is filed and a Patent Office issue fee when the patent is granted.
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